Rachel Hepburn-Craig

The applicants, who had resided in Canada without legal status for 17 years, sought judicial review of a decision denying their humanitarian and compassionate (H&C) application for permanent residence.

The applicants challenged the officer's assessment of the best interests of their Canadian-born children and their establishment in Canada.

The Federal Court dismissed the application, finding that the officer reasonably considered the children's adaptability and medical needs, and appropriately weighed the applicants' long period of unauthorized residence and lack of status in assessing their establishment.

The applicant, a Nigerian citizen, applied for judicial review of a Refugee Protection Division decision excluding him from refugee protection for committing a serious non-political crime outside Canada.

The RPD had found his U.S. fraud charges met the criteria for serious criminality.

The Federal Court granted the application, finding the RPD unreasonably failed to consider where the applicant's conduct would fall within the wide sentencing spectrum for the offences, as required by Supreme Court jurisprudence.

The matter was returned for redetermination.

The applicant sought judicial review of a decision refusing to defer his removal from Canada.

The Court found a breach of procedural fairness because an update submitted by fax prior to the decision was not included in the Certified Tribunal Record and was not considered by the officer.

The application was allowed and the matter remitted for redetermination.

The insurer sought production of an accounting report prepared by the defendants in a related tort action, which the applicant had received.

The applicant initially opposed production on the basis of litigation privilege but abandoned that position.

The arbitrator ordered the applicant to produce the report, finding that it was relevant to the quantum of income replacement benefits and that its production would likely simplify and expedite the arbitration process by avoiding the need for the insurer to commission a further report.